Richardson v. Great Western Motors, Inc.

Citations

• 109 Wash. 324
• 187 P. 333
• 1920 Wash. LEXIS 925

Syllabus

<p>Sales (182)—Conditional Sales—Remedies of Seller—Retaking Possession—Impairment of Security—Evidence—Sufficiency. Before the vendor in a conditional sales contract can take possession of the property under the insecurity clause in the contract, it must show that the vendee had committed or was about to commit some act tending to impair the security, and it is not sufficient to show unpaid storage charges which did not impair the security.</p> <p>Trover and Conversion (5)—Acts Constituting—Retaking Possession by Conditional Sale Vendor. The vendor in a conditional sales contract of an automobile wrongfully taking possession of the ear, is guilty of a conversion.</p> <p>• Same (11)—Actions—Condition Precedent—Demand. Upon the wrongfully taking possession of property, no demand is necessary as a condition precedent to an action for a conversion.</p> <p>Same (8)—Right of Action—-Waiver. The fact that a conditional sales vendee of an automobile, that had been wrongfully taken from him by the vendor, requested to be taken to it in order to get his license plates, does not constitute a waiver of his right to claim a conversion.</p> <p>Same (31)—-Damages for Conversion-—Measure of Damages. The measure of damages -for the wrongful conversion by a conditional sales vendor is the value of the property at the time of the conversion, less the balance of the unpaid purchase price, and it would he unnecessary to plead such balance as a counterclaim or set-off.</p>